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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction between the Purchase Price and the rate that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items made utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Goods sold in a separate recognizable account as the useful property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the fact that the Goods become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering ownership of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Brabham Western Australia.

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the goods, and is just valid for flaws or failure under correct usage and which arise entirely from faulty style, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in provision 35, all reveal and suggested warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, suggestions, details or services provided by the Seller, its staff members, servants or agents to the Buyer regarding the Goods, their use and application, are specifically omitted.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's agents or workers.

34. If the Goods are malfunctioning, the Seller will make great the defect by doing any one of the following at its option: (a) fixing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of changing the Goods or acquiring equivalent Item; (d) the payment of the cost of having actually the Product repaired (Nutritionist in Warwick Western Australia).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, rate lists and other marketing matter, are planned merely to provide an indicator of the goods explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the products, an imprint to that result might be attached and it must not be defaced wiped out or removed from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the goods. Gym in Marangaroo .

If the Seller has actually followed a style or guidelines offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and costs of the Seller developing from any infringement of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or direction provided by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Sorrento Western Australia. Unless specified somewhere else it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the same is avoided, frustrated or impeded as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, funding change declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have actually previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.